This form is a sample motion used in an attempt to quash a deposition subpoena duces tecum.
Pennsylvania Motion to Quash Deposition Subpoena Duces Tecum
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State:
Multi-State
Control #:
US-PI-0042
Format:
Word;
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How to fill out Motion To Quash Deposition Subpoena Duces Tecum?
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FAQ
In the Court of Common Pleas, a defendant can file a Motion to Quash, arguing to the Common Pleas judge that the municipal or district court judge made a mistake. If granted, the charges that were held for trial at the preliminary hearing will be reduced or dismissed ingly.
Once filed, the motion to quash will stay the subpoena, until a judge makes a ruling on the motion or the subpoenaed party and the issuing party reach an agreement.
A motion to dismiss the appeal as moot, on the other hand, means that the agency believes it has totally rescinded the action you are appealing and you received all of the relief to which you are entitled.
Quash means to set aside or to void. In a legal context, quash can be used to describe the process of terminating proceedings or motions or to describe the exclusion of evidence from trial. Examples of the usage of quash include "to quash a motion" or "quash evidence."
Motion to Quash. (a) The party serving a subpoena or a notice to attend or a notice to produce may excuse compliance therewith. (b) A motion to quash a subpoena, notice to attend or notice to produce may be filed by a party, by the person served or by any other person with sufficient interest.
(d) A court may compel the attendance of any person confined in jail or prison by issuing, upon motion, an order directed to the custodian of the person so confined to release the person to the custody of a sheriff or other appropriate agent.
Most motions to quash a subpoena involve timeliness, relevancy, improper court, undue burden, the time span covered, standing, and invasion of the attorney-client privilege or work product.
Rule 587 - Motion for Dismissal (a)Untimely Filing of Information. (1) Upon motion and a showing that an information has not been filed within a reasonable time, the court may order dismissal of the prosecution, or in lieu thereof, make such other order as shall be appropriate in the interests of justice.